Excerpt: ...n, Inc. arising from a fall sustained in a van while she was en route to a hemodialysis center. Plaintiff alleges the van operator failed to secure her wheelchair inside the van and she fell when the van was turning. Trial is currently set for April 7, 2022. Plaintiff moves for trial preference. Before addressing the Motion on its merits, the Court addresses Defendant's procedural objections. Defendant objects to this hearing on the grounds that ...

Excerpt: .... On April 17, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”). Defendant moves for an order striking Plaintiff's allegations for punitive damages, specifically Paragraph 15 and Plaintiff's prayer for punitive requests. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ. Proc. Code § 435 (b)(1).) The court may, upon a motion,...

Excerpt: ...t Ricardo D. Amezquita Velasquez (“Defendant”) arising from an August 3, 2019 motor vehicle accident. Defendant moves to quash Plaintiff's subpoena to Thornhill & Associates, which seeks¿sub rosa¿videos, statements,¿and¿photographs¿of Plaintiff and his brother taken by¿Thornhill,¿Defendant's insurance carrier's investigation consultant, and its investigator, Angie Perez (collectively, “Thornhill”).¿¿¿ A deposition subpoena may r...

Excerpt: ...��Plaintiffs”) filed this action against Defendants Benigno Rodriguez and Rigoberto Rodriguez arising from a February 7, 2018 car accident. On November 7, 2018, the Court granted Plaintiffs' motion for trial preference and set trial for March 7, 2019. On January 24, 2019, the parties stipulated to continue the trial to October 9, 2019 after Decedent passed away. On September 30, 2019, the Court granted Defendants' ex parte application to contin...

Excerpt: ...and as successors in interest to Decedent Eduard Arakelyan (“Decedent”), Levush Arakelyan, Ashot Arakelyan, Mariam Arakelyan, and Naira Arakelyan filed this wrongful death/survival action against Defendants Anna Lynelle Graves (“Graves”), the City of Pasadena (“Defendant”), and the County of Los Angeles arising from a November 7, 2017 motorcycle vs. automobile collision between Decedent and Graves. Plaintiffs asserted 2 causes of acti...

Excerpt: ...ion and Gloria Mejia. Plaintiff alleges that on July 15, 2019, she slipped and fell on a liquid substance while in a target store. Gloria Mejia (“Defendant”) demurs to the Complaint on the grounds that it is uncertain and fails to state facts sufficient to constitute a cause of action. II.LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face.¿(City of At...

Excerpt: ...uary 26, 2018 bicycle vs. automobile collision. Defendant moves for summary judgment or, in the alternative, motion for summary adjudication on the issue of damages pursuant to Civil Code section 3333.4. II.FACTUAL BACKGROUND The incident occurred on n January 26, 2018, at approximately 2:50 p.m., on Vermont Avenue between 3rd and 4th Street in Los Angeles. (Defendant's Undisputed Material Fact (“UMF”) Nos. 1, 2.) Plaintiff was operating a po...

Excerpt: ..., Willie Curry-Barnes (“Barnes”), Greg Carter II (“Carter”), Gary McElmurry (“McElmurry”), and Robert Fox (“Fox”) (collectively, Barnes, Carter, McElmurry, and Fox are referred to the “Individual Defendants”) arising from an August 16, 2018, slip and fall. Plaintiff alleges the Individual Defendants were managerial employees responsible for maintaining the premises of Costco's store. Plaintiff asserts causes of action for prem...

Excerpt: ...rike Plaintiff's allegations for punitive damages from the Complaint. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ. Proc. Code § 435 (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Cal Civ. Proc. Code § 436 (a);...

Excerpt: ...endant Arcadia Outpatient Surgery Center, L.P. arising from a surgical procedure performed on September 21, 2019. Defendant demurs to the Complaint on the grounds that it is time-barred. II.LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the ...

Excerpt: ...for strict products liability. Plaintiff alleges that he lost his balance and fell from the outer ledges of a dumpster that he climbed to empty trash. Plaintiff alleges Defendant's dumpster contained design and manufacturing defects. Defendant moves to strike Plaintiff's prayer for punitive damages. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ....

Excerpt: ...ity, Gelco Fleet Trust, and Jeff Schulman arising from an August 31, 2017 motor vehicle accident. Plaintiff seeks an order quashing subpoenas issued by Tesla Motors, Inc. and Solar City (collectively, “Defendants”) seeking her medical records from 16 different custodians for the last 10 years. In the alternative, Plaintiff requests the Court modify the subpoenas so they are limited to the injuries she sustained to her neck, back, knee, and wr...

Excerpt: ...“Rojas”) (collectively, “Defendants”) arising from an August 29, 2018 automobile accident. On June 12, 2020, Plaintiff filed proofs of service reflecting that Rojas and Rodriguez were each served with the summons, complaint, and statement by personal service on March 7, 2020 at 13325 Glamis St., Pacoima, California. At Plaintiff's request, default was entered against Defendants on June 12, 2020. Defendants move to set aside the entry of d...

Excerpt: ...�Plaintiff”) and Saib Daoud (“Daoud”) (collectively, “Plaintiffs”) filed this action for medical malpractice and loss of consortium arising from a hysterectomy surgery. On November 26, 2019, Plaintiffs filed a First Amended Complaint (“FAC”). Defendants Emanate Health Foothill Hospital (erroneously sued as Foothill Presbyterian Hospital) and Emanate Health System (erroneously sued as Emanate Health dba Citrus Valley Health Partners,...

Excerpt: ...ACKGROUND This uninsured motorist claim arises from a November 21, 2013 two-car accident in which the uninsured motorist allegedly ran over Claimant Daniel Geoulla while fleeing the scene of the accident. The events that triggered this Motion began after Respondent's counsel, Thomas W. Shaver (“Mr. Shaver”) suggested to Claimant's counsel that Claimant's deposition testimony was different from a previously recorded statement because Claimant ...

Excerpt: ...led this action against the Los Angeles County Metropolitan Transportation Authority (“Defendant”). Plaintiff alleges that on January 14, 2019, she fell when Defendant's bus driver employee caused the bus to jolt. Defendant demurs to the causes of action for General Negligence and Motor Vehicle Negligence on the grounds that they are uncertain and fail to state facts sufficient to constitute a cause of action. Defendant also moves to strike p...

Excerpt: ...ckey Caballero (collectively, “Defendants”). The action arises from a May 19, 2017 dog bite. Plaintiff alleges Defendants failed to exercise reasonable care to control or contain a German Shepherd dog or remove it from their property. Defendants move to strike Plaintiff's request for punitive damages in Paragraphs 34, 40, 46, and Plaintiff's prayer for punitive damages and all references to malice, oppression, fraud, punitive damages, or exem...

Excerpt: ...ltagracia Castro filed this action against Defendant Azatui Samvelian arising from a January 7, 2019 car accident. On April 6, 2020, Plaintiff Altagracia Castro served Special Interrogatories, Set One, Form Interrogatories, Set One, Request for Admissions, Set One, and Request for Production, Set One on Defendant. On September 16, 2020, after no responses were received, Plaintiff filed this motion to deem admitted the matters in her Requests for ...

Excerpt: ...l malpractice action against Defendants Mehryar Taban (“Defendant”) and Mehryar Taban MD Inc. (collectively, “Defendants”) arising from cosmetic surgeries performed on July 19, 2019. On December 7, 2020, the Court granted Defendant's motion to strike Plaintiff's request for punitive damages per Code of Civil Procedure section 425.13. Plaintiff now brings this separately noticed motion for leave to amend the complaint to add punitive damag...

Excerpt: ... 19, 2021 I.INTRODUCTION On June 11, 2020, Plaintiffs Pheng Port and Cassandra Port (collectively, “Plaintiffs”) filed this action against multiple defendants including Los Angeles Unified School District (“Defendant”) arising from an October 11, 2019 pedestrian v. motor vehicle accident. Plaintiffs allege they were lawfully in a crosswalk when they were struck by a vehicle driven by co-defendant Mary Louise Smith while in the course and ...

Excerpt: .... dba Superior Grocers (“Defendant”) arising from a June 8, 2017 slip and fall. Plaintiff alleges that while at one of Defendant's grocery stores, she slipped and fell in water on the floor. She testified in deposition that it was in the meat aisle refrigerated section when she was walking to the meat counter to get a ticket for service. Defendant moves for summary judgment on the ground that there is no triable issue of material fact as to t...

Excerpt: ...dants Chintu Shah (“Shah”) and Dume Plaza III, LLC (“Dume”) (collectively, “Defendants”). Plaintiff alleges that on October 4, 2018, she was an invitee on property owned by Dume in Malibu when she was bitten and injured by Shah's dogs. Plaintiff alleges that Dume's management was aware that persons at the property were allowed to bring animals and failed to take action to protect Plaintiff from being attacked by the two dogs. Dume dem...

Excerpt: ...g from a January 2, 2018 motor vehicle collision. Plaintiff alleges Defendant was using a cell phone, not watching the roadway, and speeding. Plaintiff also alleges a cause of action for intentional infliction of emotional distress. Plaintiff requests exemplary damages. Defendant demurs to the cause of action for intentional infliction of emotional distress and moves to strike Plaintiff's exemplary damages attachment and punitive damages allegati...

Excerpt: ...ille filed this action against Defendant Steve Howey. On January 27, 2020, Defendant served Plaintiff with written discovery. No responses were received and Defendant filed motions to compel responses and deem admitted, which were heard and granted on August 24. 2020. The Court ordered Plaintiff to provide responses and pay monetary sanctions within 20 days of the date of the August 24, 2020 Order. Plaintiff has not provided responses or paid san...

Excerpt: ...st defendants Forest Lawn Memorial-Park Association and Forest Lawn Mortuary (collectively, “Defendants” arising from a January 23, 2017 slip on muddy grass at a memorial service. Plaintiff volunteered to be a pallbearer for the deceased and alleges he injured himself while attending the service and participating in the event at Defendant' direction. Plaintiff asserts causes of action for general negligence and premises liability. Defendants ...

Excerpt: ...r 8, 2020, Plaintiff Veronica Conley filed this action against Defendants James Wang, D.P.M. (Dr. Wang) and the University of Southern California dba Keck Hospital of USC (“USC”) (“Defendants”) for medical malpractice arising from treatment provided on August 10, 2018. Defendants demur to the Complaint on the grounds that it is barred by the statute of limitations. The Demurrer is unopposed. II.LEGAL STANDARDS A demurrer tests the legal s...

Excerpt: ...ed this action against Defendants Armando Aguilar (“Aguilar”) and A and A Trucking (collectively, “Defendants”) arising from a motor vehicle accident that occurred when Doe Defendant Lee Ramirez (“Ramirez”) rear-ended her while in the course and scope of his employment with A and A Trucking. Plaintiff seeks leave to file an amended complaint to seek punitive damages after deposing Aguilar as A and A Trucking's PMK on August 27, 2020. ...

Excerpt: ...andscaping Service¿(“Defendant”)¿arising from an August 10, 2018 trip and fall. Defendant¿issued deposition subpoenas to¿12 medical providers which Plaintiff moves to quash.¿ The subpoenas are directed to:¿¿ 1. Bob B. Armin, M.D. 2. Cedars-Sinai Medical center 3. Fair Oaks Women's Health 4. Primex Clinical Laboratories, Inc. 5. The Hill Medical Corporation 6. BioVentus, LLC 7. Richard P. Cain, M.D. 8. Irene T. Gaw Gonzalo, M.D. 9. Hunt...

Excerpt: ... Karina Valle filed this action against Defendants Pama Management, Inc. (“Defendant”) and Group IX BP Properties LP. Plaintiff asserts causes of action for premises liability and negligence arising from a fall allegedly caused by a loose step. On August 28, 2020, Plaintiff filed two motions to compel further responses to Form Interrogatories, (Set One) and Request for Production of Documents (Set One). On September 1, Plaintiff filed a motio...

Excerpt: ...n December 31, 2019. On July 27, 2020, Plaintiffs Tingting Geng (“Plaintiff”) and her husband, Long Meng (collectively, “Plaintiffs”) filed this motion for leave to amend the Complaint to add a request for punitive damages against Jacinto Lam, M.D. (“Defendant”). Trial is currently set for April 29, 2021. The Motion is unopposed. Allegations in the Complaint Plaintiff asserts causes of action for medical professional negligence, lack ...

Excerpt: ...gainst defendant Albert Lionel Sanchez (“Defendant”). The operative First Amended Complaint (“FAC”) was filed on October 27, 2020. Defendant moves to strike Plaintiff's request for punitive damages and exemplary damages attachment from the FAC. The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, ...

Excerpt: ... dba Personal Dental Office and Dean Salo, D.D.S. (“Defendants”) arising from dental treatment provided on June 6, 2019. Defendants issued deposition subpoenas to 14 medical providers and pharmacies which Plaintiff moves to quash. The subpoenas are directed to: 1. Hope Integrated Psychiatry (any and all psychiatric records/reports including but not limited to medications, samples, prescription logs, prescription records, evaluations, notes, m...

Excerpt: ...efendant”) and his medical corporation (collectively, “Defendants”) arising from treatment she received in March and April 2018 following a motor vehicle accident. She asserted causes of action for Medical Malpractice, Lack of Informed Consent, and Reckless Infliction of Emotional Distress. She alleges Defendant negligently performed pain management procedures on March 14, 2018 and April 18, 2018. She also claims that on April 18, 2018, Def...

Excerpt: ..., “Plaintiffs”) filed this action against defendants Darling's Flowers, Inc. (“Defendant”) and City of Los Angeles (“City”). Defendant moves for an order granting summary judgment on the grounds that it had no duty to maintain the sidewalk property, it did not breach any duty, and any act or omission did not cause Plaintiff's harm. Plaintiffs filed a notice of non-opposition. II.FACTUAL BACKGROUND Plaintiff alleges that on January 21,...

Excerpt: ...ntonio Seanez, Jr. (collectively, “Defendants”) for injuries sustained on June 26, 2018, when their pit bull allegedly attacked her while in the waiting room of a veterinary hospital. Plaintiff alleges the pit bull was “still under the exclusive control of its owner (who was holding its leash), prior to Defendants entering into any contract for services at the facility and prior to receiving any veterinary treatment at the facility.” (Com...

Excerpt: ...vehicles in a chain reaction of collisions. Plaintiff further alleges Defendant was “driving erratically, at an unsafe speed, inattentive, [sic] not maintaining a proper lookout at time of accident.” (Compl., ¶ 18.) On June 29, 2020, Defendant filed a motion to strike Plaintiff's punitive damages allegations in Paragraph 18, Plaintiff's request for prejudgment interest, and Plaintiff's request for punitive and exemplary damages. On October 1...

Excerpt: ...enpting to park her vehicle and then tried to drive away when Andres confronted her, resulting in Andres being dragged while he held onto Defendant's left-side back door of her car. On August 3, 2020, the Court ordered Plaintiffs to provide verified responses without objections to Defendant's written discovery. Defendant filed a notice of ruling on August 5, 2020, which stated that Margarita was ordered to respond to Defendant's Form Interrogator...

Excerpt: ...oe defendants 1 through 25. A third cause of action for general negligence names “Ariel Ann Glass” and describes the conduct of Doe 1, a bus driver who caused the automobile accident. Defendant demurs to the FAC on the grounds that no statutory basis of liability is stated. Defendant also argues that the causes of action for negligence and motor vehicle are duplicative. Separately, Defendant moves to strike allegations of vicarious liability ...

Excerpt: ...a filed this action against Defendants Lyft, Inc. (“Defendant”) and Ricky A. Alvarez (“Alvarez”). Plaintiff alleges that on February 27, 2020, he was working as a driver for Defendant and accepted a ride request from Alvarez. Plaintiff alleges that during the ride, Alvarez repeatedly stabbed Plaintiff causing severe lacerations to his left hand and both legs. Plaintiff asserts 4 causes of action: (1) statutory liability for failure to pro...

Excerpt: ...ine Rifkin (“Christine”) and Does 1 to 100 arising from a May 13, 2016 pedestrian vs. motor vehicle accident. On July 1, 2020, Plaintiff filed an amendment to the complaint identifying Maxx Rifkin (“Maxx”) as the correct defendant. Christine is Maxx's mother was not the driver or a passenger in the car at the time of the accident. Maxx moves to strike the Doe amendment on the grounds that the statute of limitations expired on two years ag...

Excerpt: ...On July 2, 2016, she slipped on the mat and sustained injuries.¿¿ On June 29, 2018, Plaintiff filed this action against defendants¿Telebrands¿Corp. (“Telebrands”),¿Bulbhead, Bulbhead.com, LLC (“Bulbhead.com”), and Polar Pooch for negligence, strict products liability (manufacturing defect), strict products liability (design defect), strict products liability (failure to warn), strict products liability (failure to adequately test), a...

Excerpt: ... and Does 1 through 5 (collectively, “Defendants”). Plaintiff alleges he was playing catch on April 3, 2019 on a grass field at Wilderness Park when his right foot and ankle fell into a sprinkler head hole. Plaintiff contends Defendants failed to maintain the grass and sprinkler head at Wilderness Park by allowing the deep sprinkler head hole to remain in place rather than to bring it level with or closer to ground level, allowing grass the g...

Excerpt: ...lectively, “Plaintiffs”) filed this action against Defendant Ideal Transit, Inc. Defendant moves to enforce a settlement agreement entered into between the parties on February 26, 2020. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the...

Excerpt: ...MOTION FOR SUMMARY JUDGMENT Dept. 27 2:30 p.m. December 14, 2020 I.INTRODUCTION On June 20, 2019, plaintiffs Lawrence Bright (“Plaintiff”) and Kathy Bright filed this medical malpractice action against defendant Peter Glieberman, M.D. (“Defendant”) arising from a hip replacement surgery performed on May 18, 2018. On August 9, 2019, Plaintiffs filed the operative First Amended Complaint in which Plaintiff alleges that during the course of ...

Excerpt: ...s, Inc. dba Beverly Hills BMW (“Beverly Hills BMW”) and Kiki Cholewka (“Cholewka”) (collectively, “Defendants”) for negligence arising from services and repaired performed when he brought the vehicle in on March 1, 2017 and March 20, 2017. Plaintiff alleges he complained to Beverly Hills BMW that his vehicle's steering wheel had been locking up at certain times and asked Beverly Hills BMW to investigate and repair the issue. Plaintiff...

Excerpt: ... [TENTATIVE] ORDER RE: DEFENDANTS SHIMA HADIDCHI AND ARASH MILANI'S DEMURRER TO PLAINTIFFS' COMPLAINT. Dept. 27 3:30 p.m. December 14, 2020 I.INTRODUCTION On August 3, 2020, Plaintiffs Vali Abdoli and Shala Abdoli (Shahla filed this wrongful death and survivor action against Defendants Shima Hadidchi (“Hadidchi”), Arash Milani (“Milani”), and Masoud Bitarafan (“Bitarafan”) arising from the death of Mohammad Abdoli (“Decedent”) on ...

Excerpt: ...ngs arising from a March 28, 2020 motor vehicle accident. Plaintiff alleges Defendant made a left turn directly onto oncoming traffic and collided with Plaintiff, who was on a motorcycle. Defendant moves to strike Plaintiff's request for punitive damages from the Form Complaint and the Exemplary Damages Attachment on the grounds that punitive damages is not available for a motor vehicle negligence case. Any party, within the time allowed to respo...

Excerpt: ...ainst Defendants Tawny Lynn Lago and Nicholas Light for motor vehicle negligence and negligence per se arising from a February 1, 2019 motor vehicle collision. Defendants move to strike Plaintiffs' punitive damages allegations. The Motion is unopposed. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ. Proc. Code § 435 (b)(1).) The court may, upon ...

Excerpt: ...action against Defendant Harbor Dispatch Transport, Inc. arising from an April 25, 2017 motor vehicle accident. On June 12, 2020, Defendant served 12 subpoenas requesting medical, radiology, and billing records from United Medical Imaging of Los Angeles – Downtown LA, United Medical Imaging, Inc./Billing – West LA, United Medical Imaging of Los Angeles/Radiology, Radnet, Inc. – Radnet, Radnet Inc./Billing, and Radnet Film Library. Each subp...

Excerpt: ...ant”), County of Los Angeles (“County”) and Wendy Braun (“Braun”) on August 9, 2019. Plaintiff alleges that on December 3, 2018, he was walking with a knee scooter at or near 1264 E. Appleton St., Long Beach when his knee scooter was caught in a crack and/or other defect in the sidewalk, causing him to fall and sustain injuries. Defendant moves for summary judgment on the Complaint on the ground that Plaintiff cannot establish it had ac...